Sunday 21 June 2015

INJURIES BAIL DISMISSED 337-F(v)/34 PAKISTAN PENAL CODE



IN THE COURT OF(NAME), MAGISTRATE IST CLASS, (CITY)
          Qaisar                  Vs.              The State.
                   Case FIR No.000/0000
                   U/S   337-F(v)/34 PPC
                    Police Station: (name and city)
                   POST ARREST BAIL PETITION.
ORDER.
Present:      Learned ADPP for the state.
                   Learned counsel for the petitioner.
                   Learned counsel for the complainant.
1.                My this order is meant to dispose off the above captioned, first bail petition, (as per annexed certificate) filed by the accused person/petitioner in the titled case through his counsel.
2.                Briefly stated prosecution story is that the accused persons, in furtherance of their common intention, caused injuries to the victim, as detailed in FIR, hence this case.
3.                Learned counsel for the accused person/petitioner argued that petitioner is in judicial lock up and he is no more required for further investigation; he is non-convict and non-record holder; allegation against him is baseless. No recovery was affected from him.  Hence, he be released on bail. He has relied on PLJ 2009 Cr.C, 2007 MLD 1067 and PLD 1995 Supreme Court 34.
4.                Learned ADPP, assisted by learned counsel for the complainant, vehemently opposed the bail petition in hand and prayed for its dismissal. Learned counsel for the complainant has argued that petitioner is specifically nominated in the FIR; he is hardened, criminal; he is not entitled for concession of bail.
5.                Arguments heard.  Record perused.
6.                Accused person is specifically nominated in FIR.  Recovery of alleged weapon of offence has also been affected from him. Specific role of causing injury punishable U/S 337-F-V. Thus, I am not inclined to grant the concession of bail to the accused person/petitioner.  Hence, petition in hand is dismissed.  However, my these observations are of tentative nature which shall not prejudice the disposal of the case on merits.
                            
Announced
( date)

                                                                    (Name)
                                                            Magistrate Ist Class
                                                                     (City)

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